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Hajj and Umrah / Travelling without a Mahram for Hajj

Travelling without a Mahram for Hajj

date de publication : 2014-08-25 | Vues : 1860
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I am a 26 year old woman and I would like to perform Hajj with my mother in-law and a group of people from the same country. This is my first Hajj and we are travelling by bus and the company is safe. Is our Hajj valid?

السفر للحج بدون محرم

All praise is due to Allah alone, and may the Salah and Salam of Allah be upon our Prophet Muhammad, his family and his companions. To answer your question, we say while seeking all the success from Allah: The majority of scholars hold the view that it is impermissible for the woman to travel without a mahram, even for Hajj, based on the hadith reported by al-Bukhari and Muslim wherein Ibn Abbas (may Allah be pleased with him) narrated that the Prophet (may the Salah and Salam of Allah be upon him) said: “A woman must not travel except with a mahram and a man must not be alone in private except if she has a mahram.” There are many other reports from the Prophet that prohibit women from travelling without a mahram and these reports do not differentiate between the various types of travelling as their wording is general. Therefore travelling for Hajj comes under the same ruling. This is evident in the response of the companion who asked the Prophet upon hearing the prohibition: “O Messenger of Allah! My wife has gone for Hajj while I am enlisted for such and such a battle, what should I do” The Prophet (may the Salah and Salam of Allah be upon him) responded, “Go and join your wife in Hajj.” The scholars are in agreement that it is forbidden for a woman to travel without a mahram if the road is unsafe.  Shaykh al-Islam said in Sharh al-Umdah (1/175), “The Muslims are in agreement that it is unlawful for the woman to travel without a mahram if her safety is at risk.” That said, the difference of opinion between scholars is regarding the ruling on the travelling of a woman without a mahram when her safety is maintained such as the case when she travels in the company of trusted women and men. The Maliki and Shafie Madhabs and Imam Ahmad (in one report transmitted from him) allowed women to travel without a mahram only if it is her first Hajj.  However, some scholars were more lenient i.e. al-Baji, who is a Maliki scholar, said regarding stipulating the condition of safe company for a woman travelling without mahram: “Perhaps, this condition that our fellow scholars stipulated is for the case where the number of travelers is little. This is because I consider large groups and densely populated roads are as safe as a town that has markets and traders. So, the safety of a woman is maintained without the need for her to have a mahram or to be accompanied with a woman. This view was transmitted from al-Awza’ie.” (Al-Muntaqa 3/82) Ibn Hazm documented in his book al-Muhalla (7/47) a number of reports from the companions such as Ibn ‘Amr and Aisha (may Allah be pleased with them) that indicate it is permissible for the woman to travel for Hajj without a mahram. For example, al-Bukhari (186) reported that ‘Umar ibn al-Khattab allowed the wives of the Prophet (may the Salah and Salam of Allah be upon her) to travel for Hajj and he sent with them ‘Uthman ibn ‘Affan and ‘Abdul-Rahman ibn ‘Awf (may Allah be pleased with them) to accompany them in the journey. That being said, it appears to me that if the journey is safe and the safety of the woman is not at risk, she is allowed to travel without a mahram. However, if her safety is at risk, then it is forbidden. If the safety of the woman could be compromised and not assured, then maintaining one’s safety is priceless. And Allah knows best. Your brother, Khalid al-Mosleh   27/11/1424

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